How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48784
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

The company i am working been bought over. whilst

Resolved Question:

The company i am working for has been bought over.
whilst the new company say there is no change to my terms and conditions, the staff that used to report to me have been told they no longer do and whilst as a manager i used to report to director and Vice President. i have been told i now report to a non managerial grade within the organisation. No consultation has taken place advising me of any of this just organisational charts being issued to and sundry. Do i have a case for constructive dismissal bearing in mind i have just under 2 years service with the bought over company?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When do you get 2 years' continuous service?
Customer: replied 2 years ago.

my 2 years continuous service will be due 1st November this year

Expert:  Ben Jones replied 2 years ago.
Hello, unfortunately you are not able to make a claim for constructive dismissal with less than 2 years’ service. So even if you have transferred to a new employer and they are changing your terms and conditions, if you do not meet the minimum criteria for claiming, which is to have 2 years’ continuous service, you would not be able to make a claim for constructive dismissal or challenge the changes. There are only a limited number of exceptions, such as discrimination, for example if you are being treated detrimentally because of your gender, age, race, religion, etc. but these do not apply here.
You are of course able to challenge this internally such as by raising a formal grievance but if that is rejected then unfortunately you cannot look any further to resolve this. Constructive dismissal would be the next step (and only one) but as you do not meet the minimum criteria then you cannot make that claim in the circumstances.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones and other Employment Law Specialists are ready to help you